CASES High Court Upholds Workers’ Comp Denial of Medical Cannabis

An elevator mechanic got a doctor’s authorization to use medical cannabis to treat his work-related hip and back injuries but the WCB refused to pay for it under Board Policy 2.3.1R which requires that medical aid be consistent with Canadian health care practice standards. Medical cannabis didn’t meet that standard, the WCB ruled and the Workers’ Comp Appeals Tribunal agreed. The case went all the way up to the Nova Scotia Court of Appeal which upheld the denial. The interpretation of Policy 2.3.1R as precluding coverage of medical marijuana wasn’t a violation of the workers’ comp laws or policy, the Court explained [Skinner v Nova Scotia (Workers’ Compensation Appeals Tribunal), 2018 NSCA 23 (CanLII), March 9, 2018].